The Ports (Levy on Disposals of Land, etc.) Order (Northern Ireland) 1997

Leases — supplementary

26.—(1) References to rent in Articles 18, 19, 20, 21, 23 and 24 and in paragraph (3) do not include anything which, though reserved as or held out to be rent, consists of—

(a) the reimbursement of insurance premiums;

(b) service charges which are paid to, or reimburse the recipient for expenses paid or payable to, persons other than members of the chargeable company’s group;

(c) sums representing value added tax on sums payable under or on the grant of the lease; or

(d) sums referable to matters for which the following are levied, that is to say—

(i) ship, passenger and goods dues (within the meaning given by section 38(1) of the Harbours Act (Northern Ireland) 1970(1)); or

(ii) charges in respect of services rendered for passengers embarking or disembarking at the chargeable company’s harbour or in respect of work performed or services rendered in respect of goods brought into, taken out of or carried through the harbour by ship.

(2) Without prejudice to the generality of other provisions of this Order applying for the purposes of this Order statutory provisions relating to corporation tax on chargeable gains, the provisions of Schedule 8 to the 1992 Act shall, subject to the provisions of this Order, apply for the purposes of Article 19 of the 1994 Order as respects a lease the granting of which constitutes a disposal of relevant land or a relevant estate in land.

(3) Paragraph 2(2) of Schedule 8 to the 1992 Act shall apply for the purposes of Article 19 of the 1994 Order as if, where the property there referred to is property out of which is a lease under which a rent is payable is granted, it did not include a right to any rent payable under the lease.

(4) Any amount of levy which becomes chargeable on a gain accruing by reason of the provisions of paragraph 3(3) of Schedule 8 to the 1992 Act as it applies for the purposes of Article 19 of the 1994 Order shall be payable within the period beginning with the date on which the sum referred to in that sub-paragraph becomes payable and ending with the next following quarter date.

(5) Paragraphs 5 and 7 of that Schedule shall not apply for the purposes of Article 19 of the 1994 Order.

(1)

1970 c. 1 (N.I.)